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(영문) 수원지방법원 2016.04.29 2016노1566

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. In full view of the background leading up to the Defendant’s criminal act, the means and method of the criminal act, the Defendant’s act before and after the criminal act, etc., even though the Defendant dices alcohol at the time of the criminal act.

Even if so, there was a lack of ability to discern things or make decisions.

Therefore, the above argument is without merit.

B. The fact that the Defendant recognized the instant crime and opposed to the determination of the unfair argument of sentencing is favorable to the sentencing.

However, considering the following circumstances: (a) the Defendant committed the instant crime during the period of repeated crime due to the same crime; (b) the Defendant had been punished several times due to violence and criminal records; (c) the Defendant did not agree with the victims; and (d) the Defendant did not have any special circumstances to change the sentence of the lower court to the disadvantage in sentencing; and (d) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime; and (e) the circumstances that are conditions for sentencing, such as the circumstances after the commission of the crime, the sentence imposed by the lower court is too unreasonable

This part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.